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Harna @ Harnath Singh & Ors. vs. State of Rajasthan th. P.P.

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Penal Code, 1860–Sec. 302–Right of private defence of the body extends to cause the death–Availability–Defence of appellant that J opened the fire and it hit U as also the other persons of the complainant party caused the injuries to the accused side–Five persons from the complainant side were convicted and their conviction has been upheld by this Court–Defence version taken by the appellants seems more probable–Trial Court convicted the appellants without considering their defence–Fact of cross-case was also not considered–Held, appellants rightly exercised the right of private defence and they are entitled to be acquitted.